DR Service outside jurisdiction

Question 1

Outside jurisdiction & no permission

Answer 1

1. Hague Convention (writing / exclusive jurisdiction / one of the contracting states)
   - If Hague Convention or contract states England and Wales have jurisdiction - it is not necessary to seek the court’s permission to serve proceedings out of jurisdiction
2. Common law:
   - CPR
   - Personal Service

Question 2

Outside jurisdiction & permission

Answer 2

If a claimant is serving an English claim form abroad with permission - claimant must make an application to court to allow it to serve the claim form on the defendant

1. England & Wales is Proper Place
2. Reasonable prospect of success
3. Grounds (serving party must establish a gateway)
   - Contract and tort; or
   - D has domicile within Eng & Wales; or
   - Claim for injunction; or
   - Necessary or proper party

Question 3

Dates to serve proceedings outside the jursidiction

Answer 3

The claim form must be served within 6 months of the date of issue of the claim form

Question 4

Jurisdiction common law

Answer 4

• Presence - defendant is present in the jurisdiction
• Permission - application for permission needed?
• Jurisdiction clause in contract
• Submission - D can agree to submit to jurisdiction